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Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
....sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357.......itten statements denying the material averments made in the plaint by the plaintiff contending, inter alia, in short, that, the suit is not maintainable in its present form, the suit is barred by the principle of estoppel, waiver and a that the suit is beyond the term of the insurance policy, that t......y the sole defendant against the judgment and decree dated 31-7-94 and 8-3-94 respectively passed by the learned Subordinate Judge, First Court, in Money Suit No.24 of 1989 decreeing the suit in full for an amount of Taka 47,13,905.70 only. 2. First Appeal No.129 of 1995 has been filed by the sam......sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357...Category: Business or Commercial Law | Date: | Hits: 525
Nurul Abser Chowdhury Vs. Jesmin Akther, 1999, 28 CLC (HCD)
.... Rule and subsequently extended from time to time lastly on 16-11-98 stand vacated. Lower Court’s record be sent down immediately. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 352.......strictly regular may not be interfered with in revision. 14. Power of revision are intended to be exercised with a view to subserve and not to defeat the ends of justice. (Emphasis put). The above principles of the law, the High Court Division is required to follow while adjudicating upon a matte......firming those dated 16-2-97 passed by the Family Judge-cum Assistant Judge, First Court, Patiya, Chittagong in Family Suit No.31 of 1996 should not be set aside. 2. The only question that survives for determination in this Rule is whether the concurrent decision of the Courts below warrant any in......ing those dated 16-2-97 passed by the Family Judge-cum Assistant Judge, First Court, Patiya, Chittagong in Family Suit No.31 of 1996 should not be set aside. 2. The only question that survives for determination in this Rule is whether the concurrent decision of the Courts below warrant any interf..Category: Family Law | Date: | Hits: 211
Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)
.... Rule being CRNo.421 (fm) of 2010 also stands disposed of accordingly. Send down a Copy of this order to the trial Court, at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 417. ......ase as it requires as per the maxim of "Caveat Emptor" Ayat Steels Ltd. searched registration office and the Registrar of Joint Stock Companies but found no charge of mortgage, registered. Therefore, principle upon which section 26 clause (b) of the Specific Relief Act has been enacted is a protecti......ent Bank but eventually the loan was not repaid by the borrower as a result Islami Bank Bangladesh Limited (herein after referred to as respondent bank) instituted Artha Rin Adalat Suit No.29 of 2005 for realization of loan amount of Tk. 51,73,81735.02 before the Artha Rin Adalat, 1st Court, Chittag...... Rule being CRNo.421 (fm) of 2010 also stands disposed of accordingly. Send down a Copy of this order to the trial Court, at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 417. ..Category: Civil Law | Date: | Hits: 235
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
....em. In the face of our findings in respect of Ext. W and Z series the application is not maintainable. Accordingly, it is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415....... In AIR 1966 SC 1300 the question was whether one partner could deal with portion of the property of the partnership firm as his own during the subsistence of the partnership. In the above fact the principle of law laid down in the said case must be applicable in the instant case. The learned Subo.......- This appeal at the instance of the defendants is directed against the judgment and decree of the learned Subordinate Judge, 1st. Court, Dhaka passed in Title Suit No.301 of 1980 decreeing the suit for specific performance of contract. 2. The plaintiffs respondents instituted the suit against......em. In the face of our findings in respect of Ext. W and Z series the application is not maintainable. Accordingly, it is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415...Category: Business or Commercial Law | Date: | Hits: 349
Muzaffar Ali and another Vs. Monwara Hospital & others, 1997, 26 CLC (HCD)
....lier by this Court on 8-5-95 is hereby vacated and the learned Court below is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 341....... and/or in relation to performance of the aforesaid deed of agreement dated 6-3-80 as may be necessary or found to be convenient from time to time and to receive payments of sum of money due to their principles by way of balance consideration money or otherwise and to execute and/or to present kabal......and order dated 25-2-95 passed by the Additional Subordinate Judge Court, Dhaka in title suit No.62 of 1991 wherein the seamed Court has added 3rd party as defendant No.3 in the suit and passed order for amendment of plaint and correction of suit register, accordingly, under Order I, rule 10(2) of t......elf and the present defendants, then he should file the properly constituted suit for necessary relief in the matter. To add 3rd party as a defendant in the present suit would involve the question of determination of a right between the 3rd party and the present petitioner and the suit for specific ..Category: Procedural Law | Date: | Hits: 121
Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)
....cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405....... after drawing of the decree the present petitioner cannot re-agitate the points which they had agitated in Miscellaneous Case No.9 of 1998 and thus the present objection is caught by the mischief of principle of res judicata. 12. Mr. Masihuzzaman has filed supplementary affidavit on behalf of th......Syed Amirul Islam J.- This Rule arises out of an arbitration agreement entered into between the judgment-debtor and the decree-holder-opposite party No.1. The said agreement was executed on 22-6-1987 for laying cable at Mirpur Telephone Exchange and after completion of the work a dispute arose bet...... in the dark and depriving the petitioner of the most valuable right that has been conferred on them by section 33 of the Act is manifestly illegal and without jurisdiction. 20. Now it calls for determination if the impugned order is caught by the mischief of doctrine of res judicata and/or the..Category: Alternative Dispute Resolution | Date: | Hits: 291
Muklesur Rahman (Md.) Vs. Waziullah, 1998, 27 CLC (HCD)
....eferably within 3 months from the date of receipt of this order. Let a copy of this order be sent to the court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 418....... the learned Assistant Judge who after payment of compensatory cost set aside the ex-parte decree and restored the original suit to its original file and number. In view of this admitted fact and the principle as enunciated in the above ruling, I am also constrained to hold the view that since the d...... dated 10-6-97 passed in Title Suit No.4 of 1995 should not be set aside. 2. The petitioner as plaintiff instituted Title Suit No.4 of 1994 in the Court of Senior Assistant Judge Sadar, Comilla for declaration of title and recovery of Khas possession alleging, inter alia, that the opposite par......eferably within 3 months from the date of receipt of this order. Let a copy of this order be sent to the court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 418...Category: Procedural Law | Date: | Hits: 131
Ebadat Ali Vs. Ismail Hossain Akhond & others, 1989, 18 CLC (HCD)
....uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ......In interpreting section 5 of the Civil Courts (Amendment) Ordinance, 1983, it is reasonably wise and necessary to go by the well settled rules of interpretation of statutes and also the established principles of law as enunciated in a number of decisions of different superior Courts of the Sub......learned Subordinate Judge, Bogra have been transferred to the Courts of different Assistant Judges of different Upazilas within the district of Bogra under section 24 of the Code of Civil Procedure for trial and disposal. The above Rules are heard together and disposed of by this one judgment. ...... as to whether a provision in a statute is 'mandatory' or 'directory'. But it is the duty of the Court to get at the real intention of the legislature by carefully attending to the whole scope. The determination of the question whether the provision is 'mandatory' or 'directory' in the ultimate an..Category: Procedural Law | Date: | Hits: 152
Sheikh Ahmed & others Vs. Abdul Alim, 1988, 17 CLC (HCD)
....iff has been successful in proving his case of exclusive possession. No doubt the question of title may be looked into incidentally but decision on title in a suit for permanent injunction is not guiding principle for holding that the suit is not maintainable without partition suit. Where a plai......been successful in proving his case of exclusive possession. No doubt the question of title may be looked into incidentally but decision on title in a suit for permanent injunction is not guiding principle for holding that the suit is not maintainable without partition suit. Where a plaintiff ......Appeal No.231 of 1980 reversing those of Mr. Md. Ali Khan, Munsif-in-Charge, 4th Court, Patiya in Other Suit No.85 of 1978. 2. The facts relevant are these: The plaintiff Abdul Alim filed a suit for permanent injunction against the petitioners one Kamaluddin and his vendor. The plaintiff’s ......he decisions. 7. The instant suit is a suit for permanent injunction. In a suit for permanent injunction the plaintiff is required to prove his possession in the land in suit. For the purpose of determination of possession in such a suit the Court is required to arrive at a finding as to poss..Category: Property Law | Date: | Hits: 95
Abu Bakar Sikder Vs. Monowara Begum (Mst.), 1989, 18 CLC (HCD)
....do not find any substance in the appeal and the same is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ......an argued was that even though the deed of heba is found to be valid so far its formal condition are concerned, namely, offer, acceptance, delivery of possession, still the deed of heba is hit by the principle of Marzul Maut i.e. death illness. Mr. Sobhan strenuously argues that the plaintiff has es...... Qazi Shafiuddin J. - This appeal is directed against the judgment and decree dated 7.10.72 passed by the learned Subordinate Judge, 1st Court, Barisal in Title Suit No.34 of 1968 dismissing the suit for declaration of a Hebanama as void and inoperative. 2. Plaintiffs case, in short, is that the......do not find any substance in the appeal and the same is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ..Category: Property Law | Date: | Hits: 152
....isposal in accordance with law and consonant to the observations made by this Court. The parties shall bear their respective costs.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1990) 393.
......state and cannot be regarded as an assertion of a right to hold it as separate so as to assert an adverse claim against other interested members".
8. Our Appellate Division has reiterated the same principle in the case of Abdul Jalil Sikdar and others Vs. Khorshed Ali Dakua and ors. 27 DLR (AD) 1......uit land belonged to Kunjalal Shaha and Radhikalal Shaha in equal share; that Kunjalal Shaha died leaving 3 sons, namely, Dinesh, Manindra and Jogendra; that Manindra and Jogendra migrated to India before the birth of Pakistan; that by an amicable arrangement Dinesh got the properties in this coun......isposal in accordance with law and consonant to the observations made by this Court. The parties shall bear their respective costs.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1990) 393.
..
Category: Administrative Law | Date: | Hits: 488
Saju Hosein Vs. Press Appellate Board and others, 2011, 40 CLC (HCD)
.... For the reasons assigned above, the Rule is destined to founder, wherefor the same is discharged. There is no order on cost. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: ...... For the reasons assigned above, the Rule is destined to founder, wherefor the same is discharged. There is no order on cost. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: ......o.40, Topkhana Road, Segun Bagicha, Dhaka- 1000 should not be declared to have been issued without lawful authority and is of no legal effect and a direction should not be issued upon respondent No.3 for authentication of the petitioner’s declaration either for the Daily Ittehad or the Daily Deshk......nce quite congruous in asserting that if it is alleged that the stipulated event had taken place, the interested person must be allowed to put his card on the table, without which there cant not be a determination as to the existence of the alleged occurrence. 40. Mr. Moinul Hussain submitted tha..Category: Others | Date: | Hits: 171
Md. Haider Alam Vs. State, 2012, 41 CLC (HCD)
....entence, if any. In case of his failure to do so, the law will take its own course. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......smuggling or arms recovery, local seizure list witnesses do not support prosecution case. It may happen that they do it for illegal gain or out of fear of life and honour. 13. It is a well settled principle of law that the evidence of police personnel can form the basis of conviction if they appe...... of 2001 arising out of Motihar Police Station Case No.16 dated 24.6.2001 convicting the appellant under section 25B (2) of the Special Powers Act and sentencing him thereunder to suffer imprisonment for two years with a fine of Taka 500/- in default to suffer imprisonment for two months more. The T......entence, if any. In case of his failure to do so, the law will take its own course. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 113
Helal Uddin (Md.) Vs. Government of People's Republic of Bangladesh and others, 2003, 32 CLC (HCD)
.... April, 2000. The order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 506. ......e of such Assistant Professor for twenty–three months the respondents were not authorised either to demote or reduce him in rank or pay without notice or proceeding, which is clear violation of the principle of natural justice. 6. Opposing the Rule, respondent No.4, Acting Principal of the Col......ute. Lawyers Involved: Abdul Hoque, Advocate—For the Petitioner. Altafur Rahman, Deputy Attorney-General with Farah Mahbub, Assistant Attorney-General—For Respondent No.1. Sk Yead Ali for Abdur Rashid, Advocates—For Respondent No.4. Writ Petition No. 3746 of 2002. Judgment ...... April, 2000. The order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 506. ..Category: Employment/Service Law | Date: | Hits: 147
KN Enterprise Vs. Eastern Bank Ltd and others, 2011, 40 CLC (HCD)
.... Joint District Judge, Arbitration Court, Dhaka, in Money Suit No.8 of 2005 is hereby affirmed. Send down the lower Court's record. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 370.......ourt has no jurisdiction to pass any order against export proceeds of the letter of credit payable to a supplier by a commercial bank for any alleged dispute between the buyer and the seller, which principle have been followed in respect of international transaction under the international banking......k Ltd and others…………………………Respondents Judgment February 23, 2011. Result: The appeal is dismissed. Case Referred to- Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd., 54 DLR (AD) 70; Uttara Bank Vs. Macneill and Kilburn Ltd., 33 DLR (AD) 298; ...... Joint District Judge, Arbitration Court, Dhaka, in Money Suit No.8 of 2005 is hereby affirmed. Send down the lower Court's record. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 370...Category: Civil Law | Date: | Hits: 212
Abdul Majid Vs. State, 2003, 32 CLC (HCD)
....ugned judgment and order of conviction and sentence dated 8‑8‑2000 by court below are accordingly upheld. Records be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 486.......cannot lead to the conclusion that she was abducted by the appellant. He further submits that there is no evidence or allegation that the victim was murdered. Since it is not a wife killing case, the principle will not be applicable as laid down by superior courts in several cases to the effect that...... Station Case No.9 dated 27‑3‑98 corresponding to GR Case No.21 of 1998 convicting the appellant Abdul Majid under section 364 of the Penal Code and sentencing him to suffer rigorous imprisonment for 10 years and to pay fine of Taka 2,000 in default to suffer rigorous imprisonment for 1 (one) ye......ugned judgment and order of conviction and sentence dated 8‑8‑2000 by court below are accordingly upheld. Records be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 486...Category: Criminal Law | Date: | Hits: 112
Rahmatullah (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
...., we answer the question in the affirmative and against the assessee and in favour of the Revenue. There will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 483....... Counsel further submits that in the instant case the DCT without affording ample opportunity to defend to the assessee has passed the impugned order in question and thus the same is violative of the principle of natural justice. Mr. Bhuiyan further contends that since six of the creditors appeared ....... Abdur Rahim Bhuiyan, Advocate—For the Respondent. Reference Application No.37 of 1995. Judgment Syed Amirul Islam J.-In this reference application the petitioner has framed two questions for our decision, out of which question No.11(a) has not been pressed at the time of hearing and the......, we answer the question in the affirmative and against the assessee and in favour of the Revenue. There will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 483...Category: Fiscal/Taxation Law | Date: | Hits: 200
Registrar Vs. Sahrab Jan & others, 1995, 24 CLC (HCD)
....ioning failure of justice. In the result, the Rule is discharged. The stay order granted earlier by this Court in hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 214. ......ioning failure of justice. In the result, the Rule is discharged. The stay order granted earlier by this Court in hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 214. ......tion of the plaintiff dated 10.10.92 facilitating him to bring into records two documents (Exts.22 and 23) by recalling P.W.1 to prove those document. 2. The opposite party No.1 has filed the suit for declaration of his title in .01 acre lands. His case is that some lands from the suit plot belon...... specific mention of it is not made in the pleadings." He also cited 27 DLR 423, in the case of Md. Ibrahim Vs. Md. Alauddin and others, wherein it has been held by his Lordship as follows: "In determination of question of facts the parties should not be allowed to lead evidence without proper..Category: Property Law | Date: | Hits: 126
Shadesh Chandra Saha Vs. State, 1995, 24 CLC (HCD)
....ule and non‑schedule offences and this Court taking contrary view had summarily rejected the said applications of the said accused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 206. ......hich is a reference case wherein Mrs. B Garvese is the petitioner, reported in AIR 1950 (Mad.) 599 it is held as follows: “Where there is a specific punishment provided in a Special Act it takes principle of the general punishment under the Penal Code, but where there is no specific punishment ...... 94, framing charge against the petitioner Sadesh Chandra Shaha alias Kala alias Kablyya under section 4 of the Anti-Terrorism Act and section 365 of the Penal Code. 2. The short fact as unfolded for the prosecution is, that on7.6.1994 at about 6-30 PM the accused petitioner along with others ki......ule and non‑schedule offences and this Court taking contrary view had summarily rejected the said applications of the said accused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 206. ..Category: Criminal Law | Date: | Hits: 133
Kawsarun Nessa and another Vs. State, 1994, 23 CLC (HCD)
....ons 302/34 of the Penal Code. They are discharged from their bail bonds. Let the lower Court records be sent down expeditiously. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 196. ......sed persons are the proper person to explain as to how the death of Monowara took place. In reply the learned Advocate for the appellants submits that this argument is totally against the fundamental principle of criminal jurisdiction and provisions of section 101 of the Evidence Act presumably invo......inst the Judgment and order dated 13.8.1985 passed by the learned Sessions Judge, Narayanganj in Sessions case No.18 of 1985 convicting the accused appellants namely, Sahera Khatun and Kawsarun Nessa for the offence punishable under sections 302/34 of the Penal Code and sentencing each of them there......ons 302/34 of the Penal Code. They are discharged from their bail bonds. Let the lower Court records be sent down expeditiously. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 196. ..Category: Procedural Law | Date: | Hits: 155
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